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Safety groups oppose roadside warning exemption for driverless trucks

Approving Waymo/Aurora application would be ‘serious overstep’ by FMCSA, labor warns

Exemption for emergency roadside equipment would circumvent autonomous safety regs, according to safety groups. (Credit: Jim Allen/FreightWaves)

WASHINGTON — Truck safety advocates are warning federal regulators against approving a roadside safety exemption for autonomous trucks in the face of strong support for the exemption by corporate interests.

Waymo and Aurora petitioned the Federal Motor Carrier Safety Administration in January for the five-year exemption that would allow all highly automated (Level 4 and Level 5) trucks — not just those developed by Waymo and Aurora — to replace ground-based emergency triangles and flares that warn motorists of a stopped truck with cab-mounted electric lights instead. They also requested that the lights be exempt from a requirement that they be steady-burning.

Safety advocates argue, however, that because the National Highway Traffic Safety Administration has yet to issue performance standards for trucks equipped with automated driving systems (ADS), FMCSA in effect would be allowing highly automated trucks to be tested on the roads without having in place performance standards, permitting or reporting requirements.

“Approving this exemption request would be reckless, short-sighted, and short-circuit any deliberate effort by DOT, FMCSA, and NHTSA to act in concert to issue informed rules, regulations, guidance, reporting and performance testing necessary to consider the potential safe deployment of driverless trucks in interstate commerce,” stated Zach Cahalan, executive director of the Truck Safety Coalition (TSC), in comments filed Monday in response to the petition.


Cahalan noted in TSC’s comments, filed jointly with Citizens for Reliable and Safe Highways and Parents Against Tired Truckers, that the Waymo/Aurora exemption application “omits highly relevant data points” because, among other things, it does not reveal how frequently trucks to be covered under the exemption have encountered situations in which it was necessary to deploy emergency lighting and warning triangles.

“The burden is on ADS manufacturers and interested carriers to prove to the public and DOT that this technology can work safely at scale,” Cahalan said. “The paucity of data requires that DOT not unnecessarily risk the lives of the 200+ million roadway users who never agreed to be part of this experiment.”

Supporters: Exemption is in the public interest

But Waymo’s and Aurora’s relatively obscure exemption request got the attention of the U.S. Chamber of Commerce, with the big-business lobby heavy hitter filing in support of the petition.

Jordan Crenshaw, vice president of the chamber’s Technology Engagement Center, told FMCSA that it should fully account for the benefits of automated freight when considering the application “and evaluate the petition in a timely manner to ensure regulatory certainty” for the industry.


“Granting companies like Aurora and Waymo with the tools they need, such as exemptions, to safely test and deploy automated vehicles across the United States is clearly in the public interest. A successful exemption request will help create high quality jobs, lay the groundwork for modernizing [regulations], incentivize continued research and development, and strengthen the flow of interstate commerce.”

Daimler Truck North America (DTNA), which is partnering with Waymo on ADS development, asserted that granting the exemption would also be consistent with the Biden administration’s Innovation Principles, “which endorse innovation that is focused on reducing deaths and injuries on the nation’s roadways, promote flexibility and support technology that prioritizes its policy goals,” stated DTNA Safety and Government Affairs Manager Ritchie Huang.

The Association for Uncrewed Vehicle Systems International stressed that cab-mounted warning lights “are a step forward in autonomous innovation which can provide safety and security for all of us consistently while maintaining the efficiency that comes with operating” self-driving trucks.

FMCSA risking authority overstep?

In addition to safety advocates, however, small-business trucking and labor are pushing back on Waymo’s and Aurora’s request.

Owner-Operator Independent Drivers Association President and CEO Todd Spencer pointed out that the application does not discuss backup warning systems that would kick in if a failure occurred and the cab-mounted lights did not function.

“We continue to see too many instances where AV technology does not perform the way it is designed which further jeopardizes safety performance,” Spencer said. “Reflective triangles and flares are not reliant on technology systems that are so vulnerable to disruptions.”

In addition to accusing Waymo and Aurora of a “single-minded effort to decrease the number of jobs” while disregarding safety, Greg Regan, president of the Transportation Trades Department (TTD) of the AFL-CIO, called their application a “highly unorthodox request” because it would apply to all ADS-equipped trucks.

“Such an exemption would amount to a change in the Code of Federal Regulations (CFR) without any proposed or final rule being issued and no record in the CFR,” Regan noted. “This would be a serious overstep of FMCSA’s rulemaking authority under the Administrative Procedures Act and would create a dangerous precedent for future waivers and exemptions in all DOT modal agencies.”


Click for more FreightWaves articles by John Gallagher.

11 Comments

  1. William Kennedy

    After 47.5 years out here in this industry as an independent owner operator I just wish these money hungry people would just let well enough alone. Change this change that and all these clowns are looking to do is take the jobs away from truckdrivers who are out here putting food on the table for their families so they can pocket more MONEY! I believe in change but it’s got to be a change for the betterment for all involved! You can put all this so called safety crap out there but when it comes down to it without drivers your looking for more headaches and lawsuits than you can shake a stick at. Ya want to explain something very simple to me? When these driverless trucks get out to Colorado and the lights are flashing to chainup uh ya going to have alittle robot come out of box and hang tire chains? Flatbed who’s going to make sure the load is place where it needs to be for weight, who’s going to chain, strap, tarp these loads then stop in 100 miles and recheck to make sure the load is still secure? I can see an icy road and these trucks break traction and start sliding, blow a tire which rips an airline or better yet an airline blows then what? Believe me yall are biting off more than you can chew and God help the owner of these driverless trucks if I ever get hit or involved in an accident with this crap cause somebody’s going to get hit with a lawsuit like they’ve never seen before! Just remember one very important thing money isn’t everything when lives and safety is at stake! You play with fire your sooner or later going to get burned!

  2. Mike Hipp

    Follow the Money … Sadly we have the Best Politicians that money can buy … Corporate Greed and Politicians Greed seem to override the safety of the public in my opinion

  3. James Herron

    So, when someone blasts into the back of a ADS truck, who all is liable? Me, I would not stop at the company employing such a truck, I am going after everyone who wanted to remove a very real safety requirement, from the system. I ise triangles to warn those of a broke down vehicle ahead. Too many drivers do not even know how to employ them sadly… But, yes I am going after the companies and lobyists that wanted to sidestep a law based on not wanting to have someone being able to put out triangles, but to also not leave there lights on. Both problems!!!

  4. ThaJearJammer

    Tech companies are powered by hype. All the load tracking data we drivers have been strong armed to giving them is going to power this fake intelligence. AI is just copying a few million previous paths human drivers previously navigated. It will work until something unexpected happens. nothing intelligent about copying someone else’s work. In fact it’s more dangerous because it doesn’t have any skills beyond copying previous information. Money is influence in USA and can buy safety

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.